Motiram Kori vs The State Of Madhya Pradesh
2022 Latest Caselaw 7062 MP

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       IN THE HIGH COURT OF MADHYA PRADESH
                   AT GWALIOR
                    Criminal Appeal No.3341/2022

            (Motiram Kori & Ors. Vs. State of M.P.)
Dated 10.5.2022
      Shri Pradeep Katare, learned counsel for the appellants.
      Shri Anil Shukla, learned Public Prosecutor for the
respondent/State.

Heard on admission.

Appeal being arguable is admitted for final hearing.

Record of the trial Court has been received.

Also heard on IA.No.5745/2022, first application u/Sec.

389(1) of Cr.P.C. for suspension of sentence and grant of bail filed

on behalf of appellants- Motiram Kori, Dharmendra Kori and

Arvind Kori.

Prosecution case in brief is that on 18.10.2022 complainant

Ramesh Chand Jain lodged a report against appellants at police

Station Sironj Distt. Vidisha that on 18.10.2012 at 10 am he along

with his son went to the field. When at about 11.30 am they were

sitting at the mound, appellants/accused came and started abusing

them with filthy language and told as to why he reported the

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR Criminal Appeal No.3341/2022

matter to the police. Thereafter, appellant Dharmendra with

sword, appellant Motiram with Lathi and appellant Arvind with

Farsa assaulted him, due to which complainant got injured. When

his son Nitin Jain and Chain Singh and Phool Singh saved him,

appellants along with others committed Marpeet with them. They

threatened them with dire consequences. On his report, crime for

the offence punishable under Sections 323, 294, 506, 34, 324, 308

of IPC was registered at police Station, Sironj, Distt. Vidisha.

Complainant Ramesh Chand, his son Nitin, injured Phoolsingh

and Chainsingh were sent for medical examination. Lacerated

wounds, bruises were found on their body. Ramesh Chand also

sustained fracture of ulna bone. Thereafter offence under Section

325 of IPC was added. After trial, appellants have been convicted

under Sections 308/34, 325/34, 324/34, 323/34 (on four counts)

with maximum jail sentence of four years.

It is submitted by learned counsel for the appellants that

during trial appellants were on bail, but they did not misuse the

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR Criminal Appeal No.3341/2022

liberty so granted to them. During trial, appellants suffered

incarceration of 12 days and thereafter they are in custody since

the date of judgment i.e. 30.3.2022. Amount of fine has been

deposited. They have a good case on merit. Final hearing of the

appeal will take time. Therefore, prayer for suspension of sentence

has been made.

Learned counsel for the State opposed the application and

prayed for its rejection.

Considering the facts and circumstances of the case, but

without commenting upon merits of the case, IA.No.5745/2022 is

allowed and it is directed that jail sentence of appellants will

remain under suspension subject to verification that amount of

fine has been deposited, on appellants' furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) each with one

solvent surety each of the like amount to the satisfaction of

concerned Trial Court for their appearance before the Principal

Registrar of this Court on 19th December, 2022 and on such

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR Criminal Appeal No.3341/2022

further dates as may be fixed by the office in this regard till

disposal of the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.05.10 17:01:05 +05'00'